Educause Security Discussion mailing list archives

Re: Gmail for students and IMAP


From: Michael Sinatra <michael () RANCID BERKELEY EDU>
Date: Thu, 30 Jul 2009 13:47:47 -0700

McClenon, Braden wrote:
Does this mean that University of California email is not subject to California FOIL?

Of course the policy complies with applicable laws.  What it does also
do is help ensure that any FOIR is made in the proper legal manner and
provides an avenue for challenge of the request if necessary.  This is
also true of subpoenas.  Google doesn't do this (in fact, when we asked,
they said so explicitly).  They will happily comply with anything with
which they are served, even if it could legitimately be challenged, and
if such a challenge would represent the University's or the user's best
interests.  Obviously, they must be concerned with Google's best
interests, or they would have a justifiable shareholder revolt.

Remember that the original question is whether there are policies at
universities prohibiting inspection just because someone can do so.  The
answer is yes.

michael

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